Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, FEBRUARY 23, 2023 AT 9:00 AM
Board of Harbor Commissioners
President Jaime L. Lee
Vice President Edward R. Renwick
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comment from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives – An opportunity for Neighborhood Council representatives to provide remarks on Neighborhood Council Resolutions or Community Impact Statements filed with the City Clerk which relate to any agenda item listed or being considered on this agenda for the Board of Harbor Commissioners.
E. Reports of the Commissioners
F. Board Committee Reports
None
G. Approval of the Minutes
- Regular Meeting of February 9, 2023
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Item No. 1
Risk Management
Summary: Staff requests approval of an Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Alliant Insurance Services, Inc. (Alliant) for insurance brokerage and risk management services. The proposed agreement is for a term of five years and a not-to-exceed amount of $35,000,000. As the Broker of Record for the Harbor Department, Alliant will assist the Harbor Department in procuring commercial property and casualty insurance to support operational needs and assist risk management staff in administering the Harbor Department’s insurance and risk management program. Compensation under the proposed Agreement includes fees for the broker services and pass-through payments for the Harbor Department to the insurance companies for insurance premiums. The Harbor Department is financially responsible for the payment of costs incurred under the proposed Agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside consultants to perform this work than City employees; (3) approve the Agreement with Alliant for a five-year term and not-to-exceed amount of $35,000,000; (4) authorize and direct the Board Secretary to transmit the Agreement to City Council for its approval pursuant to Section 373 of the City Charter and Section 10.5 of the Los Angeles City Administrative Code; (5) authorize the Executive Director to execute and the Board Secretary to attest the Agreement upon approval by City Council; and (6) adopt Resolution No.____________.
Regular Items (2 & 3)
Information Technology
Summary: Staff requests that the Board of Harbor Commissioners (Board) accept and approve a Cooperative Agreement with the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) to fund the Port of Los Angeles Gateway Project (Project). The Project is an extension of the City of Los Angeles Harbor Department’s Port Optimizer’s Control Tower, which will allow more effective and efficient management of returning empty containers, the planning of cargo pick-up, and the reporting of detention and demurrage. Furthermore, staff also requests that the Board authorize the Executive Director to execute future Cooperative Agreement Amendments to account for revised project schedules (not including term extension), and/or reduced project costs, for and on behalf of the Board, subject to the approval of the City Attorney as to form and legality. In August 2021, the City of Los Angeles Harbor Department (Harbor Department) submitted an application requesting $3,000,000 to fund the Project under the USDOT’s Advanced Transportation and Congestion Management Technologies Deployment (ATCMTD) Program. The USDOT awarded the Harbor Department the full amount of the grant request. The ATCMTD program requires that the Harbor Department provide matching funds in the amount of $3,000,000. Therefore, $2,500,000 will be provided by the Harbor Department and $500,000 in in-kind services will be provided by Wabtec Transportation Systems, LLC if the proposed action is approved.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) accept and approve the Cooperative Agreement between the City of Los Angeles Harbor Department and the United States Department of Transportation’s Federal Highways Administration for grant funding of $3,000,000; (3) authorize the Executive Director to execute future Cooperative Agreement Amendments to account for revised project schedules within the existing 3-year term, and/or reduced project costs, for and on behalf of the Board, subject to the approval of the City Attorney as to form and legality; (4) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (5) adopt Resolution No.____________.
Information Technology
Summary: Staff requests approval of the Fifth Amendment to Amended and Restated Agreement No. 17-3425-A with Wabtec Transportation Systems, LLC (Wabtec) for the Port Optimizer project. The proposed Fifth Amendment is to continue development and operation of the Port Optimizer, a first-of-its-kind common user portal that provides a single information window to support enhanced maritime supply chain performance. The proposed Fifth Amendment will allow the Harbor Department and Wabtec to develop the Gateway Project module, increase the not-to-exceed compensation by $5,500,000, for a total agreement amount of $28,100,420 and does not change the term which will conclude on November 3, 2026. The cost of the Gateway Project module is partially offset by an Advanced Transportation Congestion Management Technologies Development (ATCMTD) grant funded through the U.S. Department of Transportation Federal Highway Administration (FHWA). Acceptance of this grant award, in the amount of $3,000,000, as well as approval of a cooperative agreement between the Harbor Department and FHWA will be considered by the Board under a separate report and recommended board action. Expenditures incurred under Agreement No. 17-3425-A are the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department).
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) approve the Fifth Amendment to Amended and Restated Agreement No. 17-3425-A to increase the not-to-exceed compensation by $5,500,000 for a total agreement amount of $28,100,420 in order to continue to develop, operate and support the Port Optimizer; (4) direct the Board Secretary to transmit said Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board upon approval by City Council; and (6) adopt Resolution No.____________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
City of Los Angeles v. L.A. Terminals, Inc., et al.
Los Angeles Superior Court Case No. NC061591
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
L.A. Terminals, Inc. v. City of Los Angeles; Occidental Chemical Corporation
United States District Court Case No. 2:18-cv-06754 MWF (RAOx)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Natural Resources Defense Council, et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. BS070017
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Natural Resources Defense Council, et al. v. City of Los Angeles, et al.
San Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 999 with China Shipping Holding Company, Ltd.:
Property: Berths 100-103, San Pedro
City Negotiator: Michael DiBernardo
Tenant Negotiator: Paul Nazzaro
Negotiating Parties: City and China Shipping Holding Company, Ltd.
Under Negotiation: Price and Terms
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with San Pedro Fish Market:
Property: Berths 93C, D, E, San Pedro
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish Market
Under Negotiation: Price and Terms
L. Adjournment